Settlement for death of three month old baby due to sepsis

Penningtons Manches Cooper’s medical negligence team has recently settled a claim for the family of a baby who sadly died when he was three months old. 

The baby was born with trisomy 21 (Down’s Syndrome) and an associated heart defect. The heart defect could be corrected surgically but, due to his low birth weight, this was postponed until he gained weight. In the meantime, he required constant administration of medication to ensure adequate blood flow to his lungs. During his time in hospital, there were repeated errors in the administration of this medication, including incorrect dosages, delays in noting that the line providing the medication had leaked, and incorrect placement of the line.

He developed NEC (necrotising enterocolitis), a serious intestinal condition. However, this was treated, he started to improve, and he underwent cardiac surgery around two months after he was born. His recovery was difficult but the surgery was successful. However, around a month later, he developed signs of sepsis. There were delays in providing him with antibiotics and he deteriorated and sadly died a few days later.

We obtained expert evidence from experts in paediatric cardiology, paediatric cardiac surgery, and neonatology. We alleged that there were several failings in the administration of his medication, and a delay in providing him with antibiotics. These errors materially contributed to his deterioration and death.

The defendant trust admitted that there were failings in the care provided to the claimant’s son, and apologised directly to his parents. They also confirmed that changes have been made at the hospital that mean it is less likely that the same errors will happen again. However, they denied the claim, saying that he would have died in any event, even with better care.

Despite the continued denial, we were eventually able to negotiate a settlement for the family. No sum of money will ever compensate them for the loss of their baby son. We hope that bringing the claim to a conclusion, as well as the defendant’s apology, will bring them some sense of closure.